1. Your booking with British Airways
2. General legal provisions and responsibilities
3. When your contract comes into force
4. Financial Protection and Package Bonding Arrangements
5. Booking and payments
6. The price
7. Changes or cancellations by you
8. Changes or cancellation by us
9. Your responsibilities
10. Liability disclaimer
11. Our liability
12. Complaints and claims
13. Data protection
14. Travel insurance
1.1. These are the booking conditions that apply to your booking. However, they do not apply to any flight bookings on British Airways services (including services operated by our franchisees, code-share and Oneworld partner airlines) unless they are part of a "Package" as defined below in clause 1.4.
1.2. In these booking conditions, "we", "us" and "our" refer to British Airways Plc or British Airways Holidays Limited (see Clauses 2.2 and 2.3 below). The registered office for British Airways Plc, company number 1777777, and British Airways Holidays Limited, company number 00554278, is Waterside, PO Box 365, Harmondsworth, UB7 0GB, United Kingdom. We are registered in England. The postal address for British Airways Holidays is Astral Towers, Betts Way, Crawley, West Sussex RH10 9XA, United Kingdom. For local contact details please refer to ba.com, our website.
1.3. For passengers originating in the USA or Canada, the land products offered on ba.com or via our call centre must be booked and purchased in the USA or Canada in conjunction with a British Airways flight or an American Airlines domestic flight, purchased at published retail fares. Except where otherwise stated (such as in a Package that includes flights), all airfares are additional to land prices. For residents of Quebec, Canada, we are pleased to announce that the products featured on this website or through our call centre are available to book exclusively through your travel agent.
1.4. In these booking conditions, a Package means a pre-arranged combination of at least 2 of the following components, at an inclusive price covering a period of more than 24 hours or including overnight accommodation. The components are:
A Package does not include any travel insurance which you purchase with your booking.
1.5. Please note that if you have made a booking and you then make a subsequent change Clause 7.4 will apply.
1.6. These booking conditions apply to your booking as follows:
1.7. If you have booked car rental with us, there are separate terms and conditions which apply in addition to these booking conditions. Please refer to the information provided at the time of booking.
1.8. Any special offers booked may have specific terms and conditions attached, in addition to these booking conditions. Please refer to the promotional literature and check these before booking as once confirmed you are deemed to have accepted them.
2.1. Your contract is governed exclusively by English law and is subject to the exclusive jurisdiction of the courts of England and Wales, but not exclusively if you are domiciled elsewhere as detailed in Clauses 2.1.1 to 2.1.6:
2.1.1. If you are resident in the United Kingdom but outside of England and Wales, then the courts of Scotland or Northern Ireland (depending on your residence) also have jurisdiction.
2.1.2. If you are a resident of Australia and your travel arrangements commence from Australia, your contract is governed in all aspects by the law of the State of New South Wales (Australia) and any legal action arising under contract shall be litigated only in the appropriate Court having jurisdiction in that State.
2.1.3. If you are a resident of Canada and your travel arrangements commence from Canada, or a resident of the USA and your travel arrangements commence from the USA, your contract is governed in all aspects by the substantive laws of the State of New York (USA) and any legal action arising under contract shall be litigated only in the appropriate Court having jurisdiction in that State, (or if applicable the laws of the State you are resident in).
2.1.4. If you are a resident in a member state of the European Union (EU) other than the United Kingdom, then the courts of that member state also have jurisdiction.
2.1.5. If you are a resident of Germany and your travel arrangements commence from Germany, your contract is governed in all aspects by German law, although English is the contractual language.
2.1.6. If you are a resident of a country which is a signatory to the Rome Convention, your contract is governed in all aspects by English law but you will have the benefit of any mandatory rules of law applicable in your country of residence.
2.2. Your contract for your ground arrangements will be with British Airways Plc (with the exception as stated in Clause 2.3), who will be responsible for servicing your booking. British Airways Plc operates the flights (except for services operated by our franchisees, code-share and Oneworld partner airlines), but will arrange your ground services through its wholly owned subsidiary British Airways Holidays.
2.3. If you are a resident of the United Kingdom, Spain, Portugal or Italy and have booked a Package, your contract will be with British Airways Holidays. In the case of a Package booked by a person resident outside the United Kingdom, your contract will be with British Airways Plc.
2.4. Where Clause 2.2 applies, British Airways Holidays, on behalf of British Airways Plc, has contracted with independent contractors to provide hotel accommodation, car rentals and other land services. Except in the case of Packages sold to EU residents, neither British Airways Plc nor any of its subsidiaries or affiliates (including, without limitation, British Airways Holidays, Teleflight Limited d/b/a Flytele, and / or callBA (BA Call Centre India Private Limited), (together hereafter referred to as “BA”)) are responsible for any acts and/or omissions of these independent contractors, their employees, agents, servants or representatives and BA will accept no responsibility or liability in respect of either person or property for any loss, damage, injury, accident, delay or irregularity however occasioned, sustained or suffered during or on any land services, or in the carrying out of any such arrangements booked by or through BA. For the avoidance of doubt, this clause does not seek to exclude liability for death or injury to the extent caused or contributed to by the negligence of BA or its employees.
2.5. The booking conditions apply equally to you and to all persons named in your booking.
2.6. The law regarding accommodation for persons with disabilities varies from country to country and we cannot guarantee that all hotels, transport and amenities will be equipped and suitable for wheelchair users or disabled persons.
2.7. If you have special requests, these can be requested at time of booking. Please note that while we do our best to fulfil special requests and advise the supplier of your preferences these cannot be guaranteed. Special requests may be subject to additional charges which are payable locally direct to the supplier.
2.8. We are not responsible for setting or enforcing any applicable local legal drinking age.
3.1. This Clause does not apply to travel insurance. Travel insurance is dealt with in Clause 14.
3.2. If you book directly with us over the telephone, your contract will come into existence immediately (unless Clause 3.4 or 3.5 applies), and we will send you an email or letter confirming your travel arrangements, together with a link to or copy of these booking conditions. We will inform you at time of booking exactly what communications you will receive from us.
3.3. If you book with us directly on the internet at ba.com, your contract will come into existence immediately at the time your booking is completed (unless Clause 3.4 or 3.5 applies). Your booking is completed when you see a "Booking Confirmation" page on your screen.
3.4. If you are resident of the United Kingdom and have booked in Pounds Sterling with us over the telephone and your departure date is more than 14 days after the date of your booking, your contract with us will come into force after 24 hours, during which time you are allowed to cancel your arrangements with us and receive a full refund, and will not be subject to any cancellation charges.
3.4.1. If your departure date is within 14 days of the date you make your booking, your contract with us comes into existence immediately (and Clause 3.2 will apply).
3.5. If you are a resident of Belgium or Spain and have booked directly with us over the telephone or on the internet at ba.com and:
3.5.1. Your departure date is within 7 days of the date you make your booking, your contract (including travel insurance (if purchased)) will come into existence immediately and our normal cancellation charges will apply if you decide to cancel your booking.
3.5.2. Your departure date is more than 7 days after the date you make your booking, your contract will come into existence 7 days after the date of the email or letter we send you confirming your travel arrangements, together with a link to or copy of these booking conditions. During the 7 day period before a contract comes into existence, we agree to honour your booking and we will not change the price. If you decide that you do not wish to proceed with your booking, you may cancel it by notifying us within 7 days by telephoning, quoting your booking reference number. If you cancel within the 7 day period any payments you make in respect of the booking will be refunded to you.
3.6. Once you have made a booking, then any amendments to your original itinerary, whether over the telephone, the internet or otherwise, (such as adding additional products), will be subject to these booking conditions. These booking conditions will come into effect immediately once the amendment has been confirmed, (and the period referred to in Clause 3.4 and 3.5 shall not apply if originally applicable).
4.1. If you booked in the United Kingdom a Package (as defined in Clause 1.4) which includes a flight element or booked outside the United Kingdom a Package that has the first departure point from the United Kingdom, you will receive a confirmation invoice from us confirming your arrangements and your protection under Air Travel Organiser's Licence number 5985. In the unlikely event of our insolvency, the Civil Aviation Authority will ensure that you are not stranded abroad and will arrange to refund any money you have paid us for an advance booking. For further information visit the ATOL website at www.atol.org.uk.
4.2. If you are a resident of the UK and have booked a Package (as defined in Clause 1.4) that does not include a flight, any consumer financial protection required by law will be provided through a Financial Failure Insurance Policy arranged by International Passenger Protection Limited and underwritten by Insurers who are Lloyds Syndicates. Such arrangements are intended to comply with the requirement to provide security for prepayments. For further information, visit the IPP website at www.ipplondon.co.uk.
4.3. If you are a resident of Norway and booked a Package (as defined in Clause 1.4) which includes a flight element, any consumer financial protection required by law will be provided through bonding arrangements made with the Reisegarantifondet. Such arrangements are intended to comply with the requirement to provide security for prepayments, and to cover the cost of repatriation, in the event of supplier insolvency.
4.4. If you are a resident of Sweden and booked a Package (as defined in Clause 1.4) which includes a flight, any consumer financial protection required by law will be provided through bonding arrangements made with the Kammarkollegiet. Such arrangements are intended to comply with the requirement to provide security for prepayments, and to cover the cost of repatriation, in the event of supplier insolvency.
4.5. If you are a resident of Finland and booked a Package (as defined in Clause 1.4) which includes a flight, any consumer financial protection required by law will be provided through Kuluttajavirasto. Such arrangements are intended to comply with the requirement to provide security for prepayments, and to cover the cost of repatriation, in the event of supplier insolvency.
4.6. If you are resident of Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Egypt, France, Germany, Greece, Hungary, Israel, Italy, The Netherlands, Poland, Portugal, Romania, Spain, Switzerland, Turkey, the Channel Islands or the Isle of Man and have booked a Package (as defined in Clause 1.4) which includes a flight element that has the first departure point in any of the countries listed in this paragraph, or have booked a Package (as defined in Clause 1.4) which does not include a flight, any consumer financial protection required by law will be provided through a Financial Failure Insurance Policy arranged by International Passenger Protection Limited and underwritten by Insurers who are Lloyds Syndicates. Such arrangements are intended to comply with the requirement to provide security for prepayments, and to cover the cost of repatriation, in the event of supplier insolvency. For further information, visit the IPP website at www.ipplondon.co.uk.
4.7. If you are a resident of the Republic of Ireland and booked a Package (as defined in Clause 1.4) which commences in the Republic of Ireland and includes a flight, any consumer financial protection required by law will be provided through bonding arrangements made with the Commission for Aviation Regulation. Such arrangements are intended to comply with the requirement to provide security for prepayments, and to cover the cost of repatriation, in the event of supplier insolvency. For further information, visit the Commission website at www.aviationreg.ie.
5.1. When you make a booking we will either ask you to pay the price in full, or, if your booking meets certain criteria, we may offer you the option to pay a deposit.
5.1.1.If you choose to pay a deposit, the remaining balance must be paid in full within the timeframes specified at the time of booking and in your ‘Booking Confirmation Email’.
5.1.2.If we do not receive this balance in full and on time, we reserve the right to treat your booking as being cancelled by you in which case the cancellation conditions as set out in clause 7.5 will apply
5.2. Payment by credit card (or debit card for UK only) is required to make a reservation. Payment will be listed as British Airways on your credit / debit card statement.
5.2.1. For UK residents only choosing to pay by credit card, rather than debit card, a credit card surcharge will be applied.
5.3. If you have made your booking on the internet your "Booking Confirmation" page will display a link to your flight e-ticket and land vouchers. It is your responsibility to print and retain these vouchers.
5.4. If you have made your booking via telephone you will receive a "Booking Confirmation email" which will display a link to your flight e-ticket and land vouchers. It is your responsibility to print and retain these vouchers. In some instances, your flight e-ticket and land vouchers may be posted to you if you do not have an email address.
5.5. Your flight e-ticket and land vouchers are important documents serving as confirmation of payment and as an exchange document. You must take these vouchers with you and exchange them for the services you have booked through us. Without them you will not be able to prove that you have booked and paid for the relevant product/service and the product/service will not be provided by the supplier or you may be charged locally by the supplier.
5.6. You should check carefully the booking details and all documentation provided to you (including these booking conditions) and contact us immediately if you think any details we give you are inaccurate.
5.7. Only we, the person who makes or pays for the booking, those individuals whose names appear in the booking and will be using the services and, when travel insurance is purchased, those persons referred to in Clause 14 shall have any rights to enforce any of these booking conditions. Except as stated in Clause 14, only we and the person who makes the booking, or payment, may cancel or change it or any part of it and the consent of any other persons whose names appear on the booking is not required for any such change or cancellation.
5.8. The person who makes or pays for the booking must be at least 18 years old. Some hotels and other suppliers may require some or all of your group to be at least a particular age, or for at least one person in each room to be of at least a particular age (some hotels in the USA for example impose a limit of 21 years old). We will endeavour to inform you of any such requirement at or before the time of booking.
5.9. Executive Club Members who are registered in the United Kingdom or North America (including Bermuda and the Caribbean) can collect bonus Avios when booking a flight-inclusive package, where the individual elements have not been displayed separately. The actual level to be awarded will be displayed at the time of booking as 'Bonus Avios'.
5.9.1. To qualify for bonus Avios, you must have an active Executive Club account into which they can be awarded.
5.9.2. Bonus Avios will not be awarded to you if you have registered for the Executive Club in one country, but selected a different county of residence when making your booking.
5.9.3. Avios are shown on the Executive Club member's account 5-6 weeks after the departure date of the booking. If your booking is cancelled no Avios will be awarded.
5.9.4. For Executive Club members, Avios will be awarded per booking, and only paid into the account of the Executive Club member who made the booking and is the lead passenger.
6.1. Prices are quoted in the local currency as determined by your country of departure.
6.2. Your flight price (if any) includes flights as confirmed on your confirmation e-ticket or letter receipt, all UK airport taxes, fees and carrier charges including Air Passenger Duty, and all outside of the UK pre-payable airport taxes, fees and carrier charges.
6.3. Your accommodation price (if any) includes: any Government taxes and compulsory service charges for hotels (unless otherwise stated) and other services bought for you.
6.4. Hotel and apartment prices are per room per night, and are based on the dates and occupancy you specify to us at the time of booking.
6.4.1. Triple room rates can apply to either a full size triple room, designed to take three single beds, or to a twin/double room with an extra rollaway bed.
6.4.2. Hotel and apartment facilities, such as sports and leisure equipment, are not included unless otherwise stated in the hotel / apartment description.
6.4.3. Check-in at most hotels is around 2pm, with check-out by 11am, but can vary by hotel, time of year and country. The price you pay us for a nights accommodation reflects the standard check-in and check-out times confirmed to you upon arrival at the hotel or apartment. Once at the hotel or apartment, should you wish to check-in earlier or check-out later, you may be able to do this for a charge payable locally, subject to availability. If you wish to guarantee an earlier arrival or later departure, we suggest you pre-book an extra night with us before you travel. Most hotels and apartments will allow you to leave your luggage in reception or their luggage room should you not have access to your room.
6.5. Car rental prices are per car per day and are based on the booked dates. For car rental inclusions and exclusions in the price we quote, please refer to relevant pages on ba.com for full details when booking, or your voucher. We draw your attention to this as there are specific requirements for car rental that will vary depending on the country in which you rent your car, such as minimum or maximum ages you need to be in order to drive and any excesses that may be applicable. You will be asked to acknowledge these at time of booking, and thereby are deemed to have read and agreed to them.
6.6. Any Book Together and Save Discount shown on your confirmation or invoice is only applicable where you have purchased your flight and hotel or car rental together in the same transaction. The saving shown is compared to the price you would have paid had you booked as two separate transactions on ba.com or via our call centre the exact same itinerary using comparable options, such as cabin, flexibility of flight ticket, room/car rental type, dates and duration. This is in addition to any applicable promotional discounts from other activity or bonus offers that may be applicable.
6.7. All Bonus Offers must be taken entirely within the stated dates to qualify for the price advertised. All Free Night Offers apply to consecutive nights booked at the relevant hotel only. These are valid for a maximum of one free night per stay, unless stated otherwise, and are subject to room availability. Wedding and Honeymoon offers are not always combinable with each other or any other Bonus Offers.
6.8. Charges for booking extra nights' accommodation or extra days' car rental after your arrival will be at the rate advertised by the hotel or car rental supplier.
6.9. If you obtain a quote from us for a booking, but do not book it at the time, we reserve the right to increase or decrease the price at any time before you book.
6.10. The following are not included in the price:
6.11. Definitions of a "child" may vary by reference to age between our suppliers and will determine the price you pay for them.
6.11.1. Airline definitions of a child in terms of age are standard - an 'infant' is under 2 and a 'child' is between 2 and 11 years on the return date of travel. A 'child' must take up a seat on an aircraft. An 'infant' is not provided with a seat on an aircraft and is expected to sit on your lap for the whole of the flight. If you require a seat for an infant, the infant must be booked and paid for as a 'child'.
6.11.2. A hotel's definition of a 'child' can and does vary, but is always advised at the time of booking. Unless otherwise specified, child prices where included are based on one or two children (using existing bedding or a rollaway or sofa bed) sharing a room with two adults. Child prices do not apply to single, triple or quad rooms, except where it is specifically stated that a family offer applies. Available room occupancy options and prices are determined at the time of booking based on the child ages you provide us with. If a rollaway is used to accommodate the child, a charge may be made locally. Child prices include the same meal basis as the accompanying adults, except where children stay free of charge, in which case no meals are included in the price (unless stated otherwise).
6.11.3. Infants under 2 years are generally accepted free in hotels, however not all room types are large enough to accommodate an infant's cot. Cots must be requested at the time of booking, and some hotels may charge a fee payable locally. We will advise the supplier of your requirements for a cot, but this request cannot be guaranteed. If we are advised by the supplier before you depart this request cannot be confirmed, we will advise you. Otherwise you will need to check when you arrive. In these circumstances, we strongly advise you to make your own arrangements.
6.12. The price of certain services, such as theatre tickets or special events, purchased through us may be higher than the face value of the tickets you will receive. We offer these services to give you the opportunity to book and purchase them in advance and without having to call overseas, send faxes, queue or risk unavailability at your destination and therefore we may charge you for this service.
6.13. Some bookings must include a minimum stay of 3 nights including a Saturday night to qualify for certain prices advertised by us.
6.14. Whilst we endeavour to ensure that the correct prices are displayed on our website and/or advised to you by our call centre, on very rare occasions there may be an incorrect price bookable. If there is an obvious error with the price at which you book (including where we have confirmed that booking) we will promptly notify you of that error and where possible you will be given the choice to retain the booking and pay the correct price within the time period indicated. Alternatively you can cancel the booking and receive a refund of any monies paid or select an alternative holiday, paying or receiving any difference in price to that originally paid. If you do not elect to retain the booking within the time period indicated we reserve the right to cancel the booking and will refund you any monies paid.
7.1. To cancel your booking or to make an amendment to your existing itinerary, you will need to contact your local call centre for assistance, as these can not be carried out online at ba.com.
7.2. If you wish to book extra services that were not included in your original booking (for example extra nights' accommodation) you can do so by contacting us, subject to availability of the additional services.
7.3. If an individual wishes to cancel from a booking, but not the entire party, the charges for this individual cancellation will be calculated on the basis of individual cancellation fees applicable to the particular component being cancelled (if any) or otherwise an amendment fee will apply. The applicable fees will be advised at the time of requesting the amendment (see Clause 7.6).
7.4. Amendments to your booking:
7.4.1. If you wish to amend any part of your booking after your contract with us has come into existence (for example, transferring to a different hotel, amending to multiple hotels, asking for a different departure date, adding extra people or transferring the booking to another person) you should contact us and we will tell you if we can meet your requests. All amendments are subject to availability.
7.4.2. In the event of any changes to your car rental reservation, including named drivers, special requests or the rental itself, it will result in your booking being re-priced. Any increases in price will be passed on to you in addition to the applicable amendment fee, whilst any decreases will be refunded to you less any applicable cancellation or amendment fees as advised at time of booking (see Clause 7.6).
7.4.3. If you have booked a package and wish to reduce the duration of your hotel or car arrangements, this may not always be possible due to the restrictions attached to the type of air fare booked. You should contact us and we will tell you if we can meet your requests
7.4.4. If we can make the amendments you request, then you must pay us any additional charges made by the suppliers of the services (e.g. hotel, car rental company) to make the changes. In addition we will charge you an amendment fee. The amendment fee charged will be determined by the currency of your booking and the type of change you are requesting, and is advised at time of booking (see Clause 7.6).
7.4.5. If you are a resident of the EU purchasing a Package, you are allowed (under the European Directive of Package Travel, Package Holidays and Package Tours 1990) to amend individuals' names, but only on BA (British Airways), AA (American Airlines), or IB (Iberia) bookings, subject to an amendment fee, and any additional charges made by the suppliers of the services (e.g. hotel, car rental company) to make the changes, which will be advised at time of enquiry. Any changes of the individuals named in the booking are conditional on the substitute individual accepting these booking conditions and otherwise satisfying all the conditions applicable to the Package. No name changes are permitted within 48 hours of departure.
7.4.6. If you are not a resident of the European Union, we do not permit name changes. This means any name change is treated as a cancellation and rebooking, and as such the cancellation charges as advised at time of booking will apply (see Clause 7.6).
7.4.7. Alterations to your airline ticket will be dealt with in accordance with the relevant airline's conditions of carriage and all relevant ticket conditions. Please note that some types of tickets may be non-refundable and non-changeable.
7.5. Cancellation of your booking:
7.5.1. If you cancel any part of your booking after your contract comes into existence, the following applies:
7.5.2. If you have booked a package, where the prices of individual elements have not been displayed separately, you may cancel individual elements providing your remaining booking meets the definition of a package (see 1.4). Should you wish to cancel one or more elements, and your remaining elements no longer meet the definition of a package, it will be deemed that you are cancelling the whole package and will be subject to cancellation charges as set out at time of booking.
7.6. Amendment and Cancellation fees
7.6.1 Amendment and cancellation charges will be applied to your booking as determined by the country of departure, the currency you booked in, and any special conditions attached to the product you have chosen. The eligibility to make changes and the actual charges applied will be clearly displayed during the booking process before you confirm payment. (If you have not completed your booking, you can view Amendment and Cancellation Fees by closing this window). Should you require a copy, you should print this off now.
Once you have a confirmed booking, if you require a copy of the Amendment and Cancellation Fees applicable to your booking, you will need to call British Airways to be advised what these are.
If, after you have confirmed a booking, you add an additional hotel, car rental, transfer or experience to your original booking, these new elements will be subject to new amendment and cancellation charges. These values may differ to the charges applied to your original booking, but will be clearly displayed during the booking process before you confirm payment, and will be subject to the Terms and Conditions in this document. (If you have not completed your booking, you can view Amendment and Cancellation Fees by closing this window). Should you require a copy, you should print this off now.
Once the addition/s to your original booking have been confirmed, if you require a copy of the Amendment and Cancellation Fees applicable to your booking, you will need to call British Airways to be advised what these are. The original booking elements will still have the original charges applied to them. Find your local British Airways telephone number.
7.6.2. After departure, no refund will be made on any part-used itineraries (for packages including a flight, hotel, car rental, transfers and experiences). For example where you have checked out of your hotel early or returned your car rental early a 100% charge will apply.
7.6.3. Offline Booking Fees (where you have booked via a call centre and been charged a fee for this service), are non-refundable.
7.6.4. If you participated in the Carbon Offset scheme, this is non-refundable.
7.7. Charges for amendments or cancellations are calculated from the date we receive your request or notification.
7.8. We will only accept requests for changes or cancellations from the person who made the booking.
7.9. Application for a refund of taxes, or for unused tickets if a refund is due, must be made within a month from the last flight departure date.
8.1. It is unlikely that we will have to change or cancel your booking. If we do make changes then we will inform the person who made the booking as soon as we reasonably can. We reserve the right to make changes that are not significant and to correct minor or obvious errors in your booking details at any time without liability to you.
8.2. We will take reasonable steps to avoid having to cancel your booking. In the unlikely event that we are to cancel your booking we will notify you and we will provide a full refund.
8.3. We are only liable to you for cancellations or significant changes to your booking by us. A significant change is one that we make to your booking before your departure that affects an essential term of your contract. Examples of a significant change includes changes by us to:
8.4. Where your booking includes accommodation and/or a flight please note that the following is not a significant change:
8.5. We are not liable to pay you compensation even for significant changes to your booking if Clause 11.3 applies.
8.6. If we make a significant change to your booking then, whether compensation is payable or not, you have a choice. You may:
8.7. You must tell us which one of the above choices (under Clause 8.6) you make within 7 days of being informed of the significant change we are making, or as soon as reasonably practicable if your departure is less than 7 days from the date you receive notification. If we do not receive notification from you about your choice you are deemed to have accepted the option in Clause 8.6(a) above.
8.8. Unless Clause 11.2 applies, you agree that if a significant change is made to your booking, whichever choice you make under Clause 8.6 above, we will only pay you for losses which may fairly and reasonably be considered as arising naturally (that is, according to the usual course of things) from the significant change we make.
If, in our reasonable opinion or the reasonable opinion of the provider of any part of the services to which your booking relates, you are behaving in a way which will cause or is likely to cause danger or distress or annoyance to others or damage to property, we may terminate your booking. If this happens, we will not pay you anything and you will be responsible for travel back to your point of origin. If we incur expense as a result of your behaviour you shall fully compensate us for that expense.
For your own protection, we strongly recommend that you and all members of your party have suitable insurance (including insurance to cover the costs of cancellation of your holiday and the costs of assisting you if you or your party has an accident or becomes ill) for the full period of your holiday. Please note it is your responsibility to ensure the insurance you purchase is suitable and adequate for your particular needs. See Clause 14.
9.3. Passport and Visas
9.3.1. You must ensure that you have a valid passport and any necessary visas to enter any country you are visiting, including transit stops, prior to your departure.
9.3.2. If you are a British citizen, we shall provide you with general information about passport and visa requirements for the Package you purchase.
9.3.3. If you are not a British citizen but you are a citizen of the European Union, further details of passport and visa requirements can be obtained by contacting Thames Consular on telephone number +44 (0) 20 7494 4957. If you are not a citizen of the European Union then you will need to make your own enquiries. We are not responsible or liable to you if you fail to follow the correct procedures. You shall reimburse any penalties or expenses that we or the relevant carrier incurs as a result of your failure to travel with appropriate travel documents.
9.3.4. Information about which visa you need can be found at www.iatatravelcentre.com or by checking with the country's embassy you are visiting.
9.4. Health & Safety
9.4.1. It is your responsibility to ensure that you are fit to travel and participate in all parts of the services you have booked and undertake. It is also your responsibility to ensure that you can prove you have any necessary vaccinations for your travel arrangements. Consult your doctor about any health requirements for all destinations to which you are travelling before your departure. We are not liable if you are refused entry to any country or part of a country because you cannot prove that you have the necessary vaccinations or because you do not comply with the health requirements of your destinations.
9.4.2. Without prejudice to 9.4.1 above, if you are a citizen of the European Union, we shall provide you with general information about health formalities relevant to your journey and stay.
9.4.3. Should you need to take any medication with you, it is your responsibility to check before travel that you are allowed to take it into the country you are visiting, as some countries do not permit certain medicines which may be widely accepted in your own country. You must also ensure you take any required paperwork or authorisation from your Doctor that may be required.
9.4.4. When travelling to a different country, you should take responsibility for your own safety and well being as you would do at home. Examples would be (but not exhaustive); to ensure you secure any valuable possessions, do not leave children unsupervised on balconies or swimming pools, beaches are safe for swimming, adhere to any local laws and familiarise yourself with fire procedures for the accommodation in which you are staying. In some countries due to hotter climates and restaurants which are open sided, it is a way of life to have insects, small lizards, or birds visiting, and is not a reflection on the standards of hygiene and cleanliness. However, you should take sensible precautions especially with raw food, drinking bottled water, covering yourself up or applying insect repellent. You should also be aware that when travelling a change in climate or very cold drinks may result in an upset stomach, which is not necessarily the result of poor hygiene or food preparation.
9.4.5. We recommend that all British travellers check the Foreign and Commonwealth office website to help stay safe overseas, and to make informed decisions about travelling abroad. It has essential travel advice and tips and up to date information relating to specific countries; https://www.gov.uk/foreign-travel-advice. You can also call the travel advice call centre on 0845 850 2829. For nationals of other countries, please check with your own government's travel advice.
10.1. British Airways Plc, its subsidiaries and affiliates cannot guarantee the accuracy and therefore disclaim liability for any inaccuracies relating to the information and description of the hotel, car rental and other travel products displayed on ba.com (including, without limitation, photographs, description of hotel amenities, general product descriptions, location maps etc).
10.2. Whilst we endeavour to ensure that the products, services, amenities, facilities and descriptions on our website offer accurate and up to date information, we obtain this information from our suppliers and so cannot guarantee this always to be the case. The information is given to provide a feel for the product you have booked. Whilst we constantly strive to achieve the highest standards of accuracy, we cannot be held responsible or liable if such content is found to be inaccurate.
10.3. There is no consistent global system of hotel and accommodation star ratings. Different countries have different standards; a 3 star hotel in one country is not necessarily equivalent to a 3 star hotel in another. Therefore we have set our own star ratings to provide a standard which can be compared globally and offer them as a general guide only. However, these are not necessarily the official local rating and you should be aware that standards can vary between hotels and accommodation of the same class in different countries and even in the same country.
10.4. Changes are periodically added to the information held on our website and will reflect the latest information with which we have been provided. We will do our best to correct errors and omissions as quickly as practicable after being notified of them.
10.5. We are unable to accommodate group bookings due to the additional premiums applied by many hotels. British Airways Holidays will not be responsible for any additional charges incurred locally as a result of ten or more individuals travelling together as a group (even if booking under separate references).
11.1. Subject to Clauses 11.3 to 11.11, we accept liability to you:
11.2. Unless Clause 11.3 applies, you agree that, if a significant change is made to your booking, which ever choice you make under Clause 8.6 above, you will be entitled to receive on account of your losses the minimum compensation amounts set out in the table below per booking, depending on when we notify you of the change. We will only pay you for losses which may fairly and reasonably be considered as arising naturally (that is according to the usual course of things) from any significant change we make.
|Period before your Departure||Minimum compensation per booking (or local currency equivalent)|
|More than 48 hours||£50|
|Less than 48 hours||£100|
11.3. We are not liable to pay you compensation if we or our supplier(s) are hindered from providing part or all of your booking, or if there is any failing in performance of any part of your booking, due to unusual and unforeseeable circumstances beyond our control or that of our agents, suppliers or subcontractors that could not have been avoided even if all due care had been exercised or due to an event that we or our agents, suppliers or subcontractors could not (even with all due care) have foreseen or prevented. The circumstances and events referred to above include (but are not limited to) the following:
11.4. We only accept liability in any event for loss or damage which is caused by us or the supplier of any part of your booking and which is of a kind which could reasonably have been expected at the time the booking was made. We are not liable for any additional services for which you pay our suppliers separately since these do not form part of the booking.
11.5. We do not accept liability where any failure to provide any services in accordance with the contract or any other form of loss or damage is due to your own fault or that of any party named on your booking, including any failure to comply with your obligations in this contract, or is the result of our compliance with any instruction, request or direction given by you.
11.6. If we or our representatives arrange for you to purchase trips or excursions or other services or facilities after you have departed for your holiday locally in-resort, this is done only as your booking agent. This means that you have a contract direct with the person or company providing the trips, excursions, services or facilities and any such extra items do not form part of your booking with us. In the unlikely event that you have any problem arising out of a trip, excursion or other service or facility that does not form part of your pre-arranged booking your rights are against the person providing the trip, excursion or other service or facility and will be governed by their booking conditions.
11.7. You should make any complaints or claims in accordance with Clause 12 below. If we pay you or agree to pay you compensation you must give us or our insurers all the rights you have to take action against anyone else and you agree to provide us and our insurers with all due co-operation and assistance in respect of any such action we or our insurers take.
11.8. Air, sea, rail and road transport is subject to various international conventions that limit the liability of the carriers. Our liability is limited in accordance with all such international conventions to the extent to which they apply. A copy of the convention applicable to most international air carriage is available for purchase through the International Civil Aviation Organisation on +44 (0)161 499 0023 or for download on the internet at www.jus.uio.no/lm/air.carriage.unification.convention.montreal.1999/. Additionally, your booking may be serviced by carriers, hotels, car rental companies and other parties who have their own booking conditions of carriage and business and over whom we may have no direct control. Their booking conditions may strictly limit the circumstances in which compensation is payable to you by them and you agree to be bound by their booking conditions. Copies of their booking conditions are available on request.
11.9. Except in cases of death, injury or illness, our liability is limited to a maximum of three times your booking price attributable to the person affected. This maximum applies where everything possible has gone wrong and you prove that no benefit or enjoyment has been obtained. In all other circumstances we agree to pay compensation that is reasonable and proportionate for the reduction in value of your booking and any loss of enjoyment you prove subject to the above maximum.
11.10. If you encounter significant problems that are not our responsibility and/or are the result of something that happens other than in the course of the booking set out in your e-ticket receipt or confirmation letter as a result of which you suffer death, injury or illness, we will offer you reasonable and prompt assistance including assistance in sorting out any problem with the person responsible. This assistance is limited in money terms to £5,000 (or equivalent currency) per e-ticket receipt or confirmation letter and you must repay this if you are successful in any claim against the person responsible. You must notify us in writing of the steps that you intend to take against the person responsible within 90 days of the relevant occurrence and obtain our written approval which will not be unreasonably withheld.
11.11. These booking conditions shall not limit our liability to you for death, injury or illness.
12.1. We can usually sort out problems on the spot if we know about them. If you have cause to complain about the land arrangements of your holiday (hotel, car rental, transfers, experiences) or any element of your Package, please:
12.2. You should notify us in writing of all complaints as soon as possible and in any event no later than 30 days after your return home. This is to give us a reasonable opportunity to make appropriate enquiries and obtain evidence. If you do not follow this procedure it will make it harder for us to resolve your complaint and this could prejudice any claim for compensation that you wish to make.
12.3. You must in any event notify us in writing of any claim for compensation within 42 days of the claim arising.
12.4. If your complaint is solely about the flight element, this should be directed to British Airways Customer Relations. Please refer to ba.com for relevant contact details. In the case of Packages, Clause 12.1 also applies.
13.1. If you make a booking with us, British Airways Plc will record your personal details and this will be processed in accordance with the UK Data Protection Act. Your data will be used principally to meet your requirements. We retain the data you provide from time to time, including your purchase history and data we collect when you use our products and services. Your data may be used for the following purposes: accounting, billing and audit, credit or other payment card verification and screening, immigration and customs control, safety, security, health, administrative and legal purposes, statistical and marketing analysis, operation of awards schemes, systems testing, maintenance and development, customer relations and to help us in any future dealings with you, for example by identifying your requirements and preferences. For these purposes we may disclose your data to any of the following: other companies in the British Airways group and other companies involved in meeting your requirements, our Oneworld partner airlines and franchisees, data processing companies, travel agents, government and enforcement agencies, credit and charge card companies and screening service providers. This may involve sending your data between different countries, including countries outside the European Economic Area.
13.2. If you have booked a Mr & Mrs Smith Hotel, please note that your contact details will be passed on to Mr & Mrs Smith for the sole purpose of validating if you are already a member of their loyalty scheme. If you are not already a member of their loyalty scheme, your information will be securely disposed of and not used for any other purpose.
13.3. British Airways and other airlines are required by laws in the USA and other countries to give border control agencies access to booking and travel information. Accordingly any information we hold about you and your travel arrangements may be disclosed to the customs and immigration authorities of any country in your itinerary.
13.4. It may be a requirement when travelling to or from certain destinations that passengers must provide the airline on which they are travelling with certain passport and associated information prior to departure. If this information is required, you will be advised at the time of booking.
13.5. If you purchase travel insurance from us please note the specific data protection requirements in Clause 14.
14.1. You are strongly advised to obtain travel insurance, as that may be able to assist in a situation where we are not liable.
14.2. Please note travel insurance can be purchased from us via ba.com as part of the booking process if you are a UK resident or from our travel insurance partners in the UK, specific European countries, Canada and the USA by clicking the link which appears under the menu option ‘Flights and Holidays/Extras’
14.3. Depending on your country of residence, insurance is arranged through the following companies:
14.3.1. Residents of the United Kingdom: Preferential Insurance Services Limited and Optimum Underwriting Limited who are professional insurance intermediaries, who are authorised and regulated by the Financial Conduct Authority (FCA). This policy is underwritten by Optimum Underwriting Limited on behalf of Europaische Reiseversicherung AG, Munich, Germany ("ERV"). ERV is licensed by Bundesanstalt furFinanzdienstleistungsaufsicht (BAFIN – www.bafin.de) and approved by the Financial Conduct Authority (FCA).
14.3.2. Residents of the USA: Coverage is offered by Travel Guard Group, Inc (Travel Guard). California lic. no.0B93606, 3300 Business Park Drive, Stevens Point, WI 54482, http://www.travelguard.com/. CA DOI toll free number: 213-897-8921. This is only a brief description of the coverage(s) available. The Policy will contain reductions, limitations, exclusions and termination provisions. Insurance underwritten by National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania insurance company, with its principal place of business at 175 Water Street, 18th Floor, New York, NY 10038. It is currently authorized to transact business in all states and the District of Columbia. NAIC No. 19445.
14.3.3. Residents of Canada: Insurance is administered by North American Air Travel Insurance Agents Ltd.d.b.a.Travel Underwriters, a licensed insurance broker in British Columbia, Alberta, Saskatchewan, Manitoba, and Ontario, represented by licensed insurance agents Kathleen S.Starko and Bradley G.Dance in New Brunswick, Nova Scotia and P.E.I.11th Floor – 6081 No.3 Road, Richmond, BC Canada V6Y 2B2. Insurance is underwritten by Industrial Alliance Insurance and Financial Services Inc. and certain Lloyd’s Underwriters, severally and not jointly. If you are a Quebec resident or purchasing insurance in the province of Quebec, Insurance is underwritten by Industrial Alliance Insurance and Financial Services Inc. and Industrial Alliance Pacific General Insurance Corporation.
14.3.4. Residents of Europe: British Airways travel insurance is underwritten by AGA International SA, Poeldijkstraat 4, 1059 VM Amsterdam, THE NETHERLANDS. Corporate Identification no 33124664.
14.4. British Airways does not accept or have responsibility or liability for the actions or omissions of the organisations named above.
14.5. Travel insurance will NOT form part of any Package we sell to you.
14.6. Travel insurance once purchased cannot be cancelled and is therefore not refundable, unless Clause 14.6.1 applies.
14.6.1. If you are a resident of the European Union, you are entitled to cancel your travel insurance within 14 days of purchase, or before you travel (whichever is the sooner) and receive a full refund.
Last updated: July 2014